DELAY – MOUTH ALCOHOL

R. v. Chessor, 2014 ABQB 198, per Greckol, J:

Appeal from .08 conviction. Issue regarding whether officer ought to have waited 15 minutes prior to the taking of a screening sample due to the possibility of the presence of mouth alcohol. Trial judge found that the officer did not ask what time the accused had last consumed alcohol.

Held: Appeal dismissed.

Test being whether or not “the officer honestly and reasonably believed that he could rely on the test result if the sample was taken without delay”: Mastromartino (2004) 70 OR (3d) 540. No general duty on the part of the police to inquire as to when the last drink was consumed. No evidence in the present case that the investigating officer doubted the accuracy of the test.